Page No.# 1/3 GAHC010019592026 2026:GAU-AS:4423 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/231/2026 ACHARUDDIN SHEIKH ALIAS ASUR UDDIN S/O LATE GAJI RAHMAN, R/O VILL NO 2 KAWADI, PO PATILADAHA, PS BIJNI, DIST CHIRANG, BTR, ASSAM, PIN 783391 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:FAREK ALI S/O LT JANGSHER ALI R/O VILL NO 2 KAWADI PO PATILADAHA PS BIJNI DIST CHIRANG BTR ASSAM PIN 78339 Advocate for the Petitioner : MR. J ABBAS, SK ABDULLAH,MS P BORA Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, Amicus Curiae (R-2) Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 27.03.2026 Heard Mr. J. Abbas, learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sharma, the learned Addl. Public Prosecutor, Assam representing Respondent No.1 as well as Mr. S. Nawaz, the learned Amicus Curiae representing the Respondent No.2. 2. This is an application under Section 482 of the BNSS, 2023 whereby the petitioner Acharuddin Sheikh @ Asur Uddin has prayed for pre-arrest bail in respect of Bijni P.S. Case No.122/2025 under Section 64(2)(f) BNS, r/w Section 6 of POCSO Act, 2012. 3. The allegation brought against the present petitioner is that he had forcibly committed rape upon a 17 year old girl and the girl became pregnant and ultimately gave birth to a baby. 4. I have gone through the statement of the victim girl recorded under Section 183 of the BNSS, 2023. She has implicated the petitioner in her statement with incriminating disclosures. 5. I have considered the submissions made by the learned counsel of both sides. 6. This Court is of the opinion that under the given circumstance, the privilege under Section 482 of the BNSS, 2023 cannot be given to the present petitioner. Therefore, the bail application is dismissed and disposed of accordingly. Page No.# 3/3 Case Diary shall be returned. JUDGE Comparing Assistant